Medical Malpractice happens when healthcare professionals breach their profession’s standards of care. It can range from surgical errors to prescribing the wrong medications.
When negligence impacts a patient, there are a few legal steps that can be taken. Typically, it involves filing a civil lawsuit and going through the court process, which includes discovery, hearings, and a trial.
Medical malpractice occurs when healthcare professionals fail to meet a standard of care and cause harm. This can include negligence, breach of duty, and lack of insurance coverage. A successful claim can result in compensation for damages incurred, including medical expenses and emotional distress.
A patient’s right to legal redress is vitally important when it comes to medical malpractice in Thailand. While the process can be complex, there are steps patients can take to protect their well-being and ensure that justice is served.
The first step is to seek medical attention from another hospital. In addition, patients should keep detailed records of all interactions with their doctors. They should also engage qualified legal representation to help them navigate the process of filing a medical malpractice claim. Legal counsel can assess the merits of a case, gather evidence, and represent clients in negotiations or court proceedings. Medical advocacy organizations may provide support and guidance to individuals seeking redress for medical malpractice.
As Thailand continues to build a reputation as an international hub for medical tourism, more patients are traveling there for treatment. While the vast majority of patients walk away satisfied with their procedures and results, some are not. In those cases, they may seek legal redress.
Medical negligence claims are filed as civil lawsuits in Thailand. Typically, damages awarded are based on verifiable expenses and financial loss, including lost income. Intangible losses such as pain and suffering are less likely to be awarded than in some Western countries.
To ensure their claims have the highest likelihood of success, it’s important for patients to GATHER AND DOCUMENT all relevant information. This includes medical records, diagnostic reports and communications with healthcare professionals following a malpractice incident. Additionally, patients should consult with a lawyer specializing in medical malpractice to gain an understanding of the complex nature of Thai law. They can also help navigate the process to ensure they receive maximum compensation.
Statute of Limitations
In Thailand, as in most countries, malpractice by healthcare professionals may result in harm or death to patients. The country’s legal system addresses medical malpractice by way of civil and criminal law.
The Medical Profession Act sets the standard of care for healthcare practitioners and establishes penalties for violations, including license revocation. The Medical Council of Thailand is also responsible for overseeing the conduct of healthcare professionals and investigating complaints.
Under Thai law, a claim for compensation on account of a wrongful act prescribed under the Civil and Commercial Code must be brought within one year after the date when the injury and the obligation to make compensation became known to the injured person. However, if the wrongful act is covered by criminal law, which provides a different statute of limitations, the applicable time limit shall be that under the criminal law.
A reputable lawyer who specializes in medical malpractice cases can help you navigate the complex legal intricacies of pursuing redress against negligent healthcare providers. In addition, a lawyer with experience in medical negligence claims can provide expert witness testimony to support your case.
Complaints to the Medical Council of Thailand
With Thailand’s reputation for stunning beaches and delicious cuisine, many people may be surprised to learn that the country also has a robust healthcare system. However, as with all healthcare systems, medical malpractice does occur in Thailand.
When a patient experiences an injury due to malpractice, they have the right to file a complaint with the Medical Council of Thailand. This is a government body that keeps statistics and investigates complaints to determine whether the doctor acted within the accepted standards of practice.
When filing a claim for medical malpractice, it is important to have legal representation that can navigate the complex legal issues involved and collect evidence to prove your case. Financial compensation is awarded when a healthcare professional’s negligence leads to injury or death. These damages are often based on quantifiable losses, including lost wages, medical expenses, and ongoing pain and suffering. However, a court can also award unquantifiable damages in rare cases of severe medical negligence.